Inline Linking After Goldman v. Breitbart

Legal Frontiers in Digital Media Podcast

Does one infringe a copyright by in-line linking? If so, how much will our internet be shrinking? Just how pervasive are in-line linking, embedding and framing in today’s digital media? A content development and distribution pro first explains the present state before envisioning a hypothetical internet without these tools. Then counsel who won the two leading cases dive deep into the controversy: does copyright law hold embedding a link to be an infringing “display” whether or not the work is hosted on the servers of an independent platform (Goldman v. Breitbart)? Or does infringement depend on actually hosting a copy of the work, rather than pointing a browser to another internet location (Perfect 10 v. Amazon.com)? Would other defenses (like DMCA or implied license) bail out current business models? Has the Supreme Court’s indeterminate Aereo decision now come home to roost? And what is the best advice for an anxious client in the current environment?

Panelists:
Erik Stallman, Assistant Clinical Professor of Law, Berkeley Law (Moderator)
Andrew Bridges, Partner, Fenwick & West LLP
Angela Kim, Audience Development Manager, Verizon Media
Ken Norwick, Partner, Norwick & Schad

http://www.medialaw.org/images/events/2019podcast/inlinelinking.mp3